Slip and Fall / Premises Liability: Injured
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Slip and Fall and Premises Liability

Slip and Fall / Premises Liability: Under this theory, the owners and occupiers of land or property owe a legal responsibility for accidents and injuries that occur on their property. These laws are largely dependant on state law and vary from state-to-state. What's usually important in these cases is to look at the status of the injured. Where they a trespassor or were they invited to the property? The status of the injured person with regards to the property might play a role in determining duty, depending on the state. Courts might also look at the condition of the property. Finally, there may be special laws applying to landlords and lessors of property.

Recently in Slip and Fall / Premises Liability Category

Whether on foot, on your motorcycle, or even in a car, unrepaired potholes can be a serious injury risk. A recent case in Utah proves how hard it can be to hold municipalities responsible for pothole injuries.

In 2011, Salt Lake City resident Jeffrey Wood seriously injured his left arm when he tripped in an unrepaired pothole in the street. Although city workers had visited the street over 20 times in the four months the pothole had been there, the Utah Court of Appeals found that a district court was correct in ruling that the city was not negligent failing to identify and repair the pothole.

Here’s a deeper look at that decision, and pothole injury lawsuits in general.

Suing for Elderly Slip and Falls

Slip and fall injuries are much more dangerous for the elderly than anyone else and they are, unfortunately, relatively common. The problem is that when an older person falls and breaks a bone, healing occurs more slowly or not at all.

A minor fall can mean a major life change for a person of advanced age, necessitating full-time in-home care or a move to a nursing home. So let’s consider what a plaintiff must prove to recover damages in case of a slip and fall or another injury.

Spring is fast approaching. Meaning that the season where our nation’s youth, in the prime of their poor decision-making lives, will venture forth to hot, dangerous, and alcohol-filled locations is nearly upon us. Which destination will prove the most perilous? What new and gruesome injuries will our country’s college students bring home from equatorial climes?

Here are the five most likely spring break injuries, based on our experience:

When Are Hotels Liable for Injuries?

You are staying at The Ritz Carlton and loving it ... until you slip and fall in the hotel lobby and hurt your back. Can you sue?

Yes. Hotels are responsible for reasonably foreseeable injuries on their premises caused by their negligence. But not all injuries happen due to negligence, or are foreseeable, so let's take a look at the elements of a claim and what you will have to prove to get the Ritz to pay for your hospital stay.

Sue the Government for Salt Damage to My Car?

So you are sick of the damage to your car that comes with snowy winters and salted roads and you are not going to take it anymore! You’re ready to sue someone for this tort, someone like the city, and the county, and the state.

It can be done, but there are a few things you should know first.

If you’re hitting the slopes this season, chances are you’re travelling to the mountains and staying in a resort near the ski area. And chances are also that you’ll have a good time and return home injury-free.

But if you don’t, could the ski resort be liable for your injuries? That could depend on how and, possibly more importantly, where you were injured.

'Tis the Season for Slip and Falls -- Who's Liable?

Who's liable for your injury after a slip and fall accident? That depends on a number of factors, most importantly where you fell, whether it's public property, a business, or a residence.

Premises liability law makes home and business owners responsible for injuries that occur on their property. If you fall in a store or some area the business manages, like the parking lot, then the store may be liable for your injury if it was caused through its negligence. Similarly, if you are a guest in someone's home and you get hurt as a result of a failure on the owner's part, the homeowner may be liable.

Can I Sue If I'm Injured in a Store Parking Lot?

If you are injured in a store parking lot and it is due to the store's negligence, you can sue. Keeping the parking lot safe is part of the business's responsibility under premises liability law.

But not all injuries arise from negligence. In order for the store to be responsible for your injury, the store must have failed in its duty. That failure need not be direct but the cause of injury can't be disconnected or impossible for anyone to anticipate.

Airbnb may be disrupting the hotel/short-term rental market, but it’s also disrupting a few ideas about injury liability. And after Zak Stone’s story about his dad being fatally injured at an Airbnb rental, it’s only natural to wonder who’s responsible if someone is injured or killed in an Airbnb.

The law is pretty clear when it comes to premises liability and the duty owed by property owners to visitors on the property. But are those waters muddied by Airbnb’s involvement as a rental company?

Liability in a Bar Fight

Most nights out are fairly uneventful — you have a few beers, a few laughs, and you make it home safe. Other nights, not so much.

Depending on the kinds of watering holes you frequent, bar fights are relatively rare, as are bar fight injuries. But what happens if you get caught up in a brawl and get hurt? Who’s liable for your injuries in a bar fight?